Let’s examine a case study. Read the scenario carefully. Determine what crime or crimes have been committed. Classify it as either mala in se or mala prohibita. Explain your classification.
1You are a police officer and you are buying a cup of coffee at the local “Stop and Rob” convenience store. You see a juvenile male place a quart of milk inside his jacket. You approach the person and tell him to open his jacket. He complies. He apologizes for his actions. He explains that he could not afford to buy the milk, but he needs it for his child. He promises not to do it again and asks you to let him go.
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The crimes that the juvenile male has committed is theft, and this crime was committed under mala in se. Mala in se - which stands for “evil within itself and/or wrong” in latin. This means that the act is considered evil, regardless if it is a law or not. I would classify this crime as mala in se because although he didn’t have ill intentions when stealing the milk for his child; the act of stealing is inherently wrong, regardless if it is not a law, stealing from others is not prohibited in any state.